Email this page

Send this page to a friend.

This page is printer friendly.

Post-Compulsory Education Unique Identifier Code 2001

I, BRUCE HOULTON SLANE, Privacy Commissioner, having given notice in accordance with section 48(1) of the Privacy Act 1993 of my intention to issue a code of practice and having satisfied the other requirements of the subsection, now issue under section 46 of the Act the Post-Compulsory Education Code 2001. Issued by me at Auckland on 14 August 2001 THE SEAL of the Privacy Commissioner was affixed to this code of practice by the Privacy Commissioner B H Slane Privacy Commissioner

Introduction

This code modifies the application of the information privacy principles, and prescribes how they are to be complied with, in relation to:

  • a unique identifier referred to as the post-compulsory education student index number; and
  • an associated tertiary data warehouse.


Information privacy principle 12(2) in the Privacy Act 1993 prohibits an agency from assigning to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency. The principle normally prevents agencies from sharing common identification numbers. However, in this case the code allows a common unique identifier maintained by the Ministry of Education to be adopted for students involved in post-compulsory education to enable the compiling of statistics about publicly funded tertiary education (and for certain other limited purposes).

The code provides limited exemption from the prohibition in principle 12(2) in relation to the PCE Student Index Number. It limits the agencies that may assign that common unique identifier and the uses to which the identifier may be put. It also places controls on the associated Ministry of Education tertiary data warehouse from which statistics will be generated.

Title

1. This code of practice may be referred to as the Post-Compulsory Education Unique Identifier Code 2001.

Commencement

2. This code is to come into force on 21 September 2001.

3. Interpretation

(1) In this code:

Industry Training Organisation has the same meaning as in the Industry Training Act 1992

NZQA means the Qualifications Authority

PCE means post-compulsory education

PCE agency means an agency referred to in clause 4(1)

PCE student means an individual:
(a) enrolled, or seeking enrolment, with an agency specified in clause 4(1)(b) to (i); or
(b) registered for a National Certificate of Educational Achievement

PCE student index means the database maintained by or on behalf of the Ministry of Education comprising the PCE student index number for any PCE student together with the personal information about that student specified in clause 5

PCE student index number means the unique identifier assigned to a PCE student for entry into the PCE student index

tertiary data warehouse is the computer system maintained by or on behalf of the Ministry of Education for the purposes of producing statistical information about PCE which contains information about individual student enrolments in, and results of, courses of study and in which any individual student is denoted only by the PCE student index number.

(2) Terms used in this code and defined in section 159 of the Education Act 1989 have the same meaning as in that Act.

Note: The following terms used in this code are defined in section 159 of the Education Act 1989: College of education, domestic student, enrol, foreign student, government training establishment, polytechnic, private training establishment, Qualifications Authority, university, wananga.

4 Application of code

(1) This code applies to the following agencies and classes of agency:
(a) the Ministry of Education;
(b) a college of education;
(c) a government training establishment;
(d) a polytechnic;
(e) a private training establishment;
(f) a university;
(g) a wananga;
(h) Skill NZ;
(i) an Industry Training Organisation;
(j) NZQA;
(k) a secondary school, for the purposes of administration of the National Certificate of Educational Achievement only.

(2) Information privacy principles 1 to 11 are applied to PCE agencies without modification, except as implicitly provided in clauses 5 to 7.

(3) Subrules (1), (2)(a) and (5) of rule 12 apply in relation to the assignment of unique identifiers after the commencement of the Act.

(4) Subrules (2)(b), (3), (4) and (6) of rule 12 apply only in relation to the assignment and use of unique identifiers after the commencement of this code.

(5) Subrule (7) of rule 12 applies to any unique identifier whether assigned before or after the commencement of this code.

5 Information that may be recorded on index

The PCE student index must not contain any personal information other than the following:
(a) PCE student index number;
(b) full name, including former names and preferred name;
(c) date of birth;
(d) gender;
(e) student status category, being the status of:
(i) a domestic student (including any relevant sub-categorisation by citizenship or immigration status); or
(ii) a foreign student;
(f) confirmation that identity has been verified;
(g) status of registration on NZQA's Record of Learning.

6 Controls on access to tertiary data warehouse

No person may use the PCE student index number to access or disclose personal information contained in the tertiary data warehouse, except:
(a) for the purposes set out in rule 12(4);
(b) for the purposes of technical audit and maintenance of the operation and functions of the tertiary data warehouse; or
(c) in relation to an information privacy request by the individual concerned.

7 Rule modifying the application of information privacy principle 12

Information privacy principle 12 is modified in accordance with the Act by the following rule:

Rule 12 Unique Identifiers


(1) A PCE agency must not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any one or more of its functions efficiently.

(2) A PCE agency must not assign to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency, unless:
(a) those two agencies are associated persons within the meaning of section OD7 of the Income Tax Act 1994; or
(b)subrule (3) applies.

(3) Notwithstanding subrule (2), and subject to subrule (4), a PCE agency may assign the PCE student unique identifier to a PCE student that has been assigned to that student by another PCE agency.

(4) A PCE student unique identifier may only be used for the following purposes:
(a) to provide information about enrolments in, and outcomes of, courses of study to the tertiary data warehouse;
(b) to conduct research and analysis using the tertiary data warehouse in order to produce statistics which will not be published in a form that could reasonably be expected to identify the individual concerned;
(c) to provide information about enrolments to the Ministry of Education for funding and auditing purposes;
(d) to provide information about students' academic achievements to NZQA for the purpose of maintaining students' Record of Learning;
(e) to maintain the Record of Learning and National Certificate of Educational Achievement systems by NZQA;
(f) when authorised by the PCE student concerned, to transfer academic results from NZQA to the PCE agency in which the student is enrolling or has enrolled.

(5) A PCE agency that assigns unique identifiers to individuals must take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.

(6) A PCE agency that assigns the PCE student index number to a student must before, or as soon as reasonably practicable after, assigning the number to a student, provide the student with information about the PCE student index and the tertiary data warehouse.

(7) A PCE agency must not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or for a purpose that is directly related to one of those purposes.

Legislative History


1 May 2001 Public notice of intention to issue code (Privacy Act, s.48)
14 August 2001 Code issued by Commissioner (Privacy Act, s.46)
23 August 2001 Gazette notice advising of issue, commencement and availability of code (Privacy Act, s.49)
21 September 2001 Commencement of code (Privacy Act, s.49(2))